HB 0441 2003
   
1 A bill to be entitled
2          An act relating to rural hospitals; amending ss. 395.602
3    and 408.07, F.S.; revising the definition of the term
4    "rural hospital"; providing that certain hospitals shall
5    be considered rural hospitals through a specified date and
6    that certain other hospitals may be designated rural
7    hospitals upon application to the Agency for Health Care
8    Administration; amending s. 395.6061, F.S.; providing that
9    rural hospitals are not required to obtain a certificate
10    of need for the construction of replacement facilities
11    under certain conditions; creating s. 395.6063, F.S.;
12    authorizing rural hospitals to contract with the
13    Department of Management Services to purchase coverage in
14    the state group health insurance plan for hospital
15    employees and qualified family members; providing for
16    employee and employer contributions; providing for an
17    annual administrative fee; providing an effective date.
18         
19          Be It Enacted by the Legislature of the State of Florida:
20         
21          Section 1. Paragraph (e) of subsection (2) of section
22    395.602, Florida Statutes, is amended to read:
23          395.602 Rural hospitals.--
24          (2) DEFINITIONS.--As used in this part:
25          (e) "Rural hospital" means an acute care hospital licensed
26    under this chapter, having 100 or fewer licensed beds and an
27    emergency room, which is:
28          1. The sole provider within a county with a population
29    density of no greater than 100 persons per square mile;
30          2. An acute care hospital, in a county with a population
31    density of no greater than 100 persons per square mile, which is
32    at least 30 minutes of travel time, on normally traveled roads
33    under normal traffic conditions, from any other acute care
34    hospital within the same county;
35          3. A hospital supported by a tax district or subdistrict
36    whose boundaries encompass a population of 100 persons or fewer
37    per square mile;
38          4. A hospital in a constitutional charter county with a
39    population of over 1 million persons that has imposed a local
40    option health service tax pursuant to law and in an area that
41    was directly impacted by a catastrophic event on August 24,
42    1992, for which the Governor of Florida declared a state of
43    emergency pursuant to chapter 125, and has 120 beds or less that
44    serves an agricultural community with an emergency room
45    utilization of no less than 20,000 visits and a Medicaid in-
46    patient utilization rate greater than 15 percent;
47          5. A hospital with a service area that has a population of
48    100 persons or fewer per square mile. As used in this
49    subparagraph, the term "service area" means the fewest number of
50    zip codes that account for 75 percent of the hospital's
51    discharges for the most recent 5-year period, based on
52    information available from the hospital inpatient discharge
53    database in the State Center for Health Statistics at the Agency
54    for Health Care Administration; or
55          6. A hospital designated as a Critical Access Hospital by
56    the Department of Health in accordance with federal regulations
57    and state requirements.
58         
59          Population densities used in this paragraph must be based upon
60    the most recently completed United States census.A hospital
61    that received funds under s. 409.9116 for a quarter beginning no
62    later than July 1, 2002, is deemed to have been and shall
63    continue to be a rural hospital from that date through June 30,
64    2012, if the hospital continues to have 100 or fewer licensed
65    beds and an emergency room, or meets the criteria of
66    subparagraph 4. An acute care hospital that has not previously
67    been designated as a rural hospital and that meets the criteria
68    of this paragraph shall be granted such designation upon
69    application, including supporting documentation, to the Medicaid
70    program office of the Agency for Health Care Administration.
71          Section 2. Subsection (5) is added to section 395.6061,
72    Florida Statutes, to read:
73          395.6061 Rural hospital capital improvement.--There is
74    established a rural hospital capital improvement grant program.
75          (5) Notwithstanding the provisions of s. 408.036, a rural
76    hospital as defined in s. 395.602(2)(e) is not required to
77    obtain a certificate of need for the construction of a
78    replacement facility, provided the replacement facility is
79    located within 10 miles of the site of the currently licensed
80    rural hospital and within the current service area. As used in
81    this subsection, the term "service area" means the fewest number
82    of zip codes that account for 75 percent of the hospital's
83    discharges for the most recent 5-year period, based on
84    information available from the hospital inpatient discharge
85    database in the State Center for Health Statistics of the Agency
86    for Health Care Administration.
87          Section 3. Section 395.6063, Florida Statutes, is created
88    to read:
89          395.6063 Rural hospital employee health insurance.--Any
90    rural hospital as defined in s. 395.602(2)(e) may contract with
91    the Department of Management Services in order to purchase
92    coverage in the state group health insurance plan for the
93    hospital’s employees and qualified family members at the same
94    premium cost as that for retirees and surviving spouses. It
95    shall be the duty of the hospital to collect payroll deductions
96    or other remuneration from qualified employees as may be
97    required for the employee contribution in accordance with the
98    requirements of the Department of Management Services. It shall
99    also be the duty of the hospital to make the employer
100    contributions required and to pay an annual administrative fee
101    of not less than $2.61 per enrollee per month.
102          Section 4. Subsection (42) of section 408.07, Florida
103    Statutes, is amended to read:
104          408.07 Definitions.--As used in this chapter, with the
105    exception of ss. 408.031-408.045, the term:
106          (42) "Rural hospital" means an acute care hospital
107    licensed under chapter 395, having 100 or fewer licensed beds
108    and an emergency room, and which is:
109          (a) The sole provider within a county with a population
110    density of no greater than 100 persons per square mile;
111          (b) An acute care hospital, in a county with a population
112    density of no greater than 100 persons per square mile, which is
113    at least 30 minutes of travel time, on normally traveled roads
114    under normal traffic conditions, from another acute care
115    hospital within the same county;
116          (c) A hospital supported by a tax district or subdistrict
117    whose boundaries encompass a population of 100 persons or fewer
118    per square mile;
119          (d) A hospital with a service area that has a population
120    of 100 persons or fewer per square mile. As used in this
121    paragraph, the term "service area" means the fewest number of
122    zip codes that account for 75 percent of the hospital's
123    discharges for the most recent 5-year period, based on
124    information available from the hospital inpatient discharge
125    database in the State Center for Health Statistics at the Agency
126    for Health Care Administration; or
127          (e) A hospital designated as a Critical Access Hospital by
128    the Department of Health in accordance with federal regulations
129    and state requirements.
130         
131          Population densities used in this subsection must be based upon
132    the most recently completed United States census.A hospital
133    that received funds under s. 409.9116 for a quarter beginning no
134    later than July 1, 2002, is deemed to have been and shall
135    continue to be a rural hospital from that date through June 30,
136    2012, if the hospital continues to have 100 or fewer licensed
137    beds and an emergency room, or meets the criteria of s.
138    395.602(2)(e)4. An acute care hospital that has not previously
139    been designated as a rural hospital and that meets the criteria
140    of this subsection shall be granted such designation upon
141    application, including supporting documentation, to the Medicaid
142    program office of the Agency for Health Care Administration.
143          Section 5. This act shall take effect July 1, 2003.
144